An Apprehended Violence Order (AVO) is a Court Order that restricts or mandates a person's behaviour, it is governed by the Crimes (Domestic and Personal Violence) Act. The NSW Police generally make an application on behalf of a Person In Need of Protection (PINOP), however an application of this sought can also be made by an everyday citizen.
When an application for an AVO is made by the NSW Police the Order is a provisional Order and is immediately enforceable, when an application is made by the public, the Order is not enforceable until the Court Orders it.
There are a number of conditions that can be placed by the NSW Police and/or Court, a standard Order is for a person not to assault, threaten, stalk or intimidate a PINOP. These conditions are everything you already cannot do at law, however the further conditions are things such as not contacting a person within 12 hours of drinking or consuming illicit substances, not to contact a person unless through a solicitor or other.
For the Court to make a final order the Court needs to be satisfied on the balance of probabilities that based on the evidence provided, a person has reasonable grounds to fear and in fact fears, the Defendant. When a person is served with an Apprehended Violence Order, there are a number of things that need to be considered by a Defendant.
An Apprehended Violence Order, although is not a criminal conviction, can affect many aspects of a persons’ life and future. An AVO can affect a person's working with children's check, gun licence or security licence. An Apprehended Violence Order can also have significant effects on family court parenting proceedings.
It is important for any person who is served with an Apprehended Violence Order to obtain legal advice about the prospects of success in defending an Apprehended Violence Order and the options available. At Adams & Partners Lawyers, Lauren Hitchen is the head of our criminal law department and has extensive experience in defending Apprehended Violence Orders, providing advice to person's who have been served with an AVO or are seeking to bring a private application for an Apprehended Violence Order.
Contact our office on 47 216 200 today if you wish to discuss Apprehended Violence Orders.